Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Loyola University Chicago, School of Law (18)
- University of Michigan Law School (17)
- University of Richmond (14)
- University of Southern Maine (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (7)
-
- Columbia Law School (6)
- Pepperdine University (6)
- Seattle University School of Law (6)
- Washington and Lee University School of Law (6)
- Cleveland State University (5)
- University of Baltimore Law (5)
- University of Nebraska - Lincoln (5)
- University of the District of Columbia School of Law (4)
- William & Mary Law School (4)
- American University Washington College of Law (3)
- BLR (3)
- Georgetown University Law Center (3)
- Penn State Dickinson Law (3)
- Georgia Southern University (2)
- Mitchell Hamline School of Law (2)
- Nova Southeastern University (2)
- Pace University (2)
- Roger Williams University (2)
- University at Buffalo School of Law (2)
- University of Maine School of Law (2)
- University of Miami Law School (2)
- University of South Carolina (2)
- University of Tennessee College of Law (2)
- Barry University School of Law (1)
- Brigham Young University Law School (1)
- Keyword
-
- Children (22)
- Child welfare (19)
- Child abuse (12)
- Foster care (12)
- Juvenile justice (11)
-
- Parents (10)
- Youth (9)
- Law reform (8)
- Child protection (7)
- Adoption (6)
- Child (6)
- Delinquency (6)
- Juvenile (6)
- Foster children (5)
- Juvenile courts (5)
- Juveniles (5)
- Law (5)
- Mental health (5)
- Abuse (4)
- Adoption and Safe Families Act (4)
- Advocacy (4)
- Court (4)
- Empirical studies (4)
- Family law (4)
- Lawyers (4)
- Neglect (4)
- Parent (4)
- Race (4)
- Welfare (4)
- ASFA (3)
- Publication Year
- Publication
-
- Children's Legal Rights Journal (13)
- Faculty Scholarship (10)
- Articles (8)
- Justice Policy (8)
- University of Michigan Journal of Law Reform (7)
-
- University of Richmond Law Review (7)
- Nevada Law Journal (6)
- All Faculty Scholarship (5)
- Center on Children, Families, and the Law: Faculty Publications (5)
- Faculty Publications (5)
- Pepperdine Law Review (5)
- Seattle University Law Review (4)
- Washington and Lee Law Review (4)
- ExpressO (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Journal Articles (3)
- Public Interest Law Reporter (3)
- Richmond Journal of Law and the Public Interest (3)
- Richmond Public Interest Law Review (3)
- Social Work Faculty Publications (3)
- Dickinson Law Review (2017-Present) (2)
- Loyola University Chicago Law Journal (2)
- Michigan Law Review (2)
- Mitchell Hamline Law Review (2)
- National Youth Advocacy & Resilience Conference (2)
- Roger Williams University Law Review (2)
- Scholarly Works (2)
- University of the District of Columbia Law Review (2)
- Akron Law Student Publications (1)
- All Faculty Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 172
Full-Text Articles in Entire DC Network
2025 Annual Report, University Of Maine School Of Law
2025 Annual Report, University Of Maine School Of Law
Clinic Annual Report
3 EXECUTIVE SUMMARY
4 2025: YEAR IN REVIEW
6 GENERAL PRACTICE CLINIC
8 PRISONER ASSISTANCE CLINIC
10 PROTECTION FROM ABUSE PROGRAM
12 REFUGEE AND HUMAN RIGHTS CLINIC
14 RURAL PRACTICE CLINIC
16 YOUTH JUSTICE CLINIC
18 CENTER FOR YOUTH POLICY & LAW
20 BUSINESS & LAW CLINIC
22 ALUMNI SPOTLIGHTS
24 DONORS AND FUNDING
26 FACULTY AND STAFF
Education As A Right, Homelessness As A Crisis: The Displaced Futures Of American Homeless Youth, Tina Pham
Education As A Right, Homelessness As A Crisis: The Displaced Futures Of American Homeless Youth, Tina Pham
Washington and Lee Law Review
Homelessness in the United States has been a humanitarian crisis affecting youth as one of its most vulnerable populations. Education is one of the few opportunities to break through this cycle of poverty. Recognizing the gap in education for homeless students and other students, Congress enacted the McKinney-Vento Act, which guarantees homeless youth educational rights to access public education. Following the Supreme Court’s decision in Grants Pass v. Johnson, however, the rise of criminalizing policies, such as encampment sweeps and anticamping ordinances, threatens the success of the Act. These policies not only destabilize families, but they also leave homeless youth …
Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling
Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling
Child and Family Law Journal
No abstract provided.
More Than “Just A Misdemeanor”: Why Diversion Is Critical For Low Level Youth Offenders, Lynn Williams, Ariana M. Ellis
More Than “Just A Misdemeanor”: Why Diversion Is Critical For Low Level Youth Offenders, Lynn Williams, Ariana M. Ellis
Akron Law Student Publications
Over the past two decades, juvenile arrests have declined sharply nationwide. Yet, during this same period, policies and penalties governing youth have grown increasingly punitive. Many lawmakers continue to advance “tough on crime” legislation that subjects all youth in the juvenile justice system to the same level of sanction, regardless of the seriousness of their offense or prior legal history. This article argues that juvenile delinquency should be addressed through individualized assessments of both risk and needs, rather than through uniform punitive measures. Unnecessary or disproportionate court involvement, particularly for low-risk youth, can produce significant short- and long-term harms, disrupt …
Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White
Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White
Seattle University Law Review
The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …
Exploring Due Process Rights And Litigation Strategies For Homeless Youth Under Federal Law, John A. Salois, Liz Harding Chao
Exploring Due Process Rights And Litigation Strategies For Homeless Youth Under Federal Law, John A. Salois, Liz Harding Chao
Maine Law Review
Over fifty years after the Runaway and Homeless Youth Act, this Article explores the due process rights youth have in shelter and other transitional housing covered under the Act. Further, this Article explores whether youth have a property interest under the Act’s recent reauthorization under the Reconnecting Homeless Youth Act of 2008. This Article also discusses the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act and the due process rights youth have in shelter and other housing options covered under the HEARTH Act’s extensive funding of homeless programs. Additionally, this Article explores litigation strategies that youth and advocates …
Heat Camps: Juvenile Curfews, Extreme Heat & The Eighth Amendment, Norrinda Brown
Heat Camps: Juvenile Curfews, Extreme Heat & The Eighth Amendment, Norrinda Brown
Washington and Lee Law Review
For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify these curfews with general notions of “public safety,” including to protect the youth they confine. But the laws are not benevolent. Reducing youth mobility by curfew results in exclusion, oversurveillance, and potentially lethal heat punishment of the youth, possibly in violation of the Eighth Amendment. …
Foreword: Children And Constitutions In The Anthropocene Era, Catherine Smith
Foreword: Children And Constitutions In The Anthropocene Era, Catherine Smith
Washington and Lee Law Review
In Spring 2025, the Washington and Lee Law Review held its Lara D. Gass Symposium, Children and Constitutions in the Anthropocene Era. It consisted of a keynote address by Julia Olson, Co-Executive Director and Chief Legal Counsel of Our Children’s Trust, and three panels: “Children, Climate Change, and State Constitutions”; “The U.S. Constitutions and the Meaning of ‘We the [Young] People’”; and “Youth-Powered Litigation and Global Constitutionalism.” The heavily attended Symposium was a tour-de-force in the field of children’s rights.
As climate chaos mounts, young people around the world are pressing courts to reconceptualize the meaning of liberty, equality, and …
Listening Suppers At The Landing Place: Talking With Rockland-Area Youth About School, Work, & Life, Jillian Foley Mppm, Swathi Sivasubramanian, Timothy Atkinson, Olivia Eckert, Emma Schwartz
Listening Suppers At The Landing Place: Talking With Rockland-Area Youth About School, Work, & Life, Jillian Foley Mppm, Swathi Sivasubramanian, Timothy Atkinson, Olivia Eckert, Emma Schwartz
Justice Policy
This piece (June 2025) is a collaboration with our partners at The Landing Place to amplify youth voices and ideas for systems change that came out of a series of conversations with youth in Rockland, called Listening Suppers which aimed to inspire conversations about school, work, family, community supports, relationships, and more. This short brief highlights the themes that came out of these conversations including community strengths and assets, gaps and youth needs, and youth informed recommendations for change. While much of the conversations were specific to the local Rockland community, the challenges and solutions highlighted are similar to what …
Building Youth Hope: Assessing Community Assets And Opportunities For Supporting Youth Well-Being In The Sagadahoc County Area, Emma Schwartz, Jillian Foley, Timothy Atkinson
Building Youth Hope: Assessing Community Assets And Opportunities For Supporting Youth Well-Being In The Sagadahoc County Area, Emma Schwartz, Jillian Foley, Timothy Atkinson
Justice Policy
This report aims to build upon previous research and provides updated information on community assets to support youth in the Sagadahoc County area. The report examines the strengths, challenges, and opportunities for community investment with the goal of improving outcomes related to youth hopefulness, belonging, and well-being. The project team engaged community members in a variety of asset mapping and data collection activities which are summarized in this report. The report authors also make recommendations related to expanding youth connections to informal supports and third places, ensuring access to a variety of assets that are responsive to their holistic needs, …
Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead
Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead
Articles & Book Chapters
Trauma arises from profoundly distressing life events, and manifests in a range of often overwhelming physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma need trauma-informed services—that is, services that “recognize, understand and minimize” the long-term impact of trauma. A trauma-informed approach acknowledges that “effective interventions with people require both the avoidance of retraumatization and the presence of respectful and supportive interventions that help people rebuild their lives.”
The Worst Collateral Consequence: Rethinking The Best Interests Standard In The Context Of Racism, Classism, And Mass Incarceration, Abigail Hean
Children's Legal Rights Journal
The United States incarcerates more people than any other country. In recent years, mandatory minimums, probation revocation, and other laws have led to increased periods of incarceration, even for low-level offenses. When a parent becomes incarcerated, their children are often left in the hands of the state, and a countdown to the termination of parental rights begins. Even if the parent has never been accused of child abuse or neglect, parental rights can be terminated on the grounds that the parent is unable to care for their children while incarcerated. Increasingly, states have placed more emphasis on permanent placement for …
“Pick-Up Orders” And Foster Youth In Washington, Lauren Higgins
“Pick-Up Orders” And Foster Youth In Washington, Lauren Higgins
Seattle Journal for Social Justice
No abstract provided.
Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley
Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley
Social Justice | Senior Theses
My senior thesis project delves into Restorative Justice's role in addressing the school-to-prison pipeline in Marin County. Restorative Justice prioritizes repairing the harm caused by crime to individuals, relationships, and communities, advocating for offenders to take responsibility and make amends rather than solely facing punishment (Restorative Justice Exchange, 2022). My capstone aims to pinpoint factors driving student exclusion from schools and subsequent entanglement in the legal system while highlighting how restorative approaches can prevent such outcomes. Additionally, it discusses the benefits of removing police officers from schools and reducing reliance on law enforcement within educational settings. My research will use …
Trauma-Informed Courts? How Judges May Influence Kids’ Experiences Of Court, Eva Mckinsey, Amelia Ashton Thorn, Minjee Kristin Kim, Catherine Gorey
Trauma-Informed Courts? How Judges May Influence Kids’ Experiences Of Court, Eva Mckinsey, Amelia Ashton Thorn, Minjee Kristin Kim, Catherine Gorey
Faculty Scholarship
No abstract provided.
De/Reconstructing Delinquency, Eduardo R. Ferrer
De/Reconstructing Delinquency, Eduardo R. Ferrer
Georgetown Law Faculty Publications and Other Works
Hundreds of thousands of children are brought under the jurisdiction of delinquency courts every year in the United States. Despite the reality that most children engage in delinquent behavior during their adolescence, poor children, children of color, children with disabilities, and children who identify as LGBTQIA+ comprise a disproportionate number of those who become delinquency system-involved. These disparities exist by design. Their origins can be traced back to the flawed first principles upon which the juvenile court was built and, specifically, to the unduly expansive legal definition of delinquency that has undergirded the jurisdiction and power of the juvenile court …
Promoting Public Health And Public Safety By Ending The Exclusion Of Incarcerated Children From Access To Medicaid, Eduardo R. Ferrer
Promoting Public Health And Public Safety By Ending The Exclusion Of Incarcerated Children From Access To Medicaid, Eduardo R. Ferrer
Georgetown Law Faculty Publications and Other Works
This essay is a response to Professor Den Houter's article entitled Children are Not Inmates in which she effectively calls eliminating the exclusion of indigent incarcerated children from Medicaid coverage pursuant to the Medicaid Inmate Exclusion Policy (MIEP). This essay affirms and builds upon Professor Den Houter's recommendation. Part I of this response provides additional support for why ensuring system-involved youth receive timely, uninterrupted, high-quality behavioral health services is critical to improving both public health and public safety. Part II analyzes the benefits and risks attendant to excluding indigent incarcerated children from the MIEP. Part III proposes the implementation of …
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Tennessee Journal of Law and Policy
No abstract provided.
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf
Dalhousie Journal of Legal Studies
The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …
Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson
Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson
Justice Policy
This report provides a look back at the past three years of the Regional Care Team initiative, which helped connect 165 youth to community-based resources in those first three years through a collaborative multi-systems model. The report details the extent of cross-system collaboration that continues as a part of this initiative and summarizes feedback from partners, examines data on youth referrals, their histories of system involvement, and funding. The report recommends next steps to expand prevention, community intervention, and reintegration supports for youth.
Unstable Homes Exacerbated By Unstable Courts: How Ohio's Split-Child-Custody Jurisdiction Harms Ohio's Children And Families, Philip Shipman
Unstable Homes Exacerbated By Unstable Courts: How Ohio's Split-Child-Custody Jurisdiction Harms Ohio's Children And Families, Philip Shipman
Et Cetera
Raising a child is very difficult. Add to the difficulty in raising a child the specter of a child custody suit, and you have a recipe that can end in disaster.
In Ohio, child custody is not fair. It is not just. It is determined by judges, whose jurisdiction is determined by whether the child’s parents were married to each other. Under this jurisdictional scheme, Ohio’s children are failed. This failure stems from Ohio courts making their own rules without care to fairness and equality. Within most of Ohio’s eighty-eight counties, juvenile and domestic relations courts can, and do, set …
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
Options For Youth With Disabilities: A Focus On Competitive Integrated Employment Limits, Tatyana Safronova
University of the District of Columbia Law Review
For people with disabilities, employment outcomes are discouraging. In 2021, only 19% were employed, a third of the employment rate for people without disabilities.1 Disabled individuals worked part-time because they could not find full-time work or because of a reduction in hours. 2 Fewer disabled persons had bachelor or higher degrees, and fewer worked in professional and managerial positions than people without disabilities. 3 To make it possible for disabled adults to get well-paying jobs, we must ensure that disabled youth have a solid educational foundation. That requires that more youth graduate high school; only 68.2% of students with disabilities …
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Sticky Situations: Understanding The Law And Life, Krystal Banks
Sticky Situations: Understanding The Law And Life, Krystal Banks
National Youth Advocacy & Resilience Conference
Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
Seattle University Law Review
If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody
University of the District of Columbia Law Review
In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …
Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart
DePaul Journal for Social Justice
No abstract provided.
Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto
Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto
National Youth Advocacy & Resilience Conference
We'll explore tangible ways to advocate for BIPOC students who've experienced educational disruptions. We’ll discuss the methods and model The Bars to Bridges Program uses to successfully transition justice involved youth into their academic settings and maintain engagement in education.
Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti
Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti
Children's Legal Rights Journal
No abstract provided.
Set Up To Fail: Youth Probation Conditions As A Driver Of Incarceration, Jyoti Nanda
Set Up To Fail: Youth Probation Conditions As A Driver Of Incarceration, Jyoti Nanda
Lewis & Clark Law Review
Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention where young people remain at home under the supervision of a youth probation officer and are required to adhere to probation conditions, rules, and court-ordered conditions. The orders rely on standardized terms on youth probation condition forms. This is the first scholarly Article to excavate …